Tubach v. Chaudry et al

Filing 11

ORDER to SHOW CAUSE Why this Action should not be Dismissed for Plaintiff's Failure to Obey a Court Order; Show Cause Response due within Fifteen (15) Days signed by Magistrate Judge Sandra M. Snyder on 12/4/2013. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No. 1:12-cv-01389-SMS (PC)
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ISABEL TUBACH,

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Plaintiff,
v.
DR. CHAUDRY, et al.,
Defendants.

ORDER TO SHOW CAUSE WHY THIS ACTION
SHOULD NOT BE DISMISSED FOR
PLAINTIFF’S FAILURE TO OBEY A COURT
ORDER
Doc. 10
RESPONSE DUE WITHIN FIFTEEN (15) DAYS

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Plaintiff Isabel Tubach (“Plaintiff”) is a prisoner in the custody of the California

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Department of Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro se and in

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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the

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Complaint in this action on August 23, 2012. Doc. 1.
In the Complaint, Plaintiff alleged that she was sexually abused and harassed in violation

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of the Eighth Amendment. The complaint failed to state specific factual details and the dates of

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the occurrences of which Plaintiff complains. The majority of the allegations are legal

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conclusions rather than detailed factual allegations.

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On October 23, 2013, the Court ordered Plaintiff to submit within thirty (30) days a more

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definite statement of facts so that the Court could screen the Complaint in compliance with 28
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U.S.C. § 1915A. Doc. 10. The order warned Plaintiff that failure to comply as directed might

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result in the dismissal of this action under Rule 41(b) of the Federal Rules of Civil Procedure

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without further notice. Although more than thirty days have passed, Plaintiff has neither provided

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a more definite statement of facts, requested an extension of time to comply, nor responded to the
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Court’s order in any other way.
The Court has discretion to impose any and all sanctions authorized by statute or Rule or

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within the inherent power of the Court, including dismissal of an action, based on Plaintiff’s

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failure to comply with a court order. Fed. R. Civ. P. 11; Local Rule 110.

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Accordingly, the Court HEREBY ORDERS that:

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1. within fifteen (15) days from the date of service of this order, Plaintiff shall file a

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written response to the Court, showing cause why this case should not be dismissed

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for Plaintiff's failure to obey the Court’s order of October 23, 2013; and

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2. Plaintiff's failure to comply with this order will result in the dismissal of this action

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without further notice.

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IT IS SO ORDERED.
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Dated:

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December 4, 2013

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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